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VIRGINIA DEPARTMENT FAIR HEARINGS AND OF SOCIAL SERVICES ADMINISTRATIVE DISQUALIFICATION HEARINGS

10/24 VOLUME V, PART XIX, PAGE 1

A. INTRODUCTION (7 CFR 273.15(c))

The Food and Nutrition Act requires that each state provide a fair hearing to any household aggrieved by any action of the local social services agency that affects the household’s receipt of SNAP benefits.

An individual has the right to appeal and receive a fair hearing when: • a claim for benefits is denied, or is not acted upon with reasonable promptness; • the individual is aggrieved by any other agency action that affects entitlement to or receipt of benefits; or • agency policy in its administration of the Program affects the individual's situation.

Within 60 days of receipt of a request for a fair hearing, the State must assure that the hearing is conducted, a decision is reached, and the household and local agency are notified of the decision.

1. Role of the Commissioner of Social Services

§63.2-517 through §63.2-519 of the Code of Virginia give the Commissioner of Social Services ultimate authority and responsibility for the appeal process. The State Board of Social Services, as authorized by §63.2-801 of the Code of Virginia, establishes policies and procedures to implement SNAP, including the appeal process, according to federal regulations.

The Commissioner may delegate authority to make decisions in any appeal case. The Commissioner must appoint a panel to review hearing decisions upon the request of either the household or the local agency. The panel must report periodically to the Commissioner regarding the need for changes in the conduct of future hearings, or to policy and procedures related to the issue of the appeal.

2. Definitions

The following definitions will be applicable to the terms used in this chapter.

a. State Hearing Authority - A comprehensive term used to designate the State decision-maker in appeal cases; as such, it includes the Commissioner and qualified hearing officers of the Virginia Department of Social Services. Hearing officers have the authority to make binding decisions in appeal cases in the name of the State Hearing Authority.

b. Hearing Officer - An impartial representative of the State to whom appeals are assigned and by whom they are heard. The hearing officer must not have been involved in any way with the agency action on appeal. The hearing officer has the authority to conduct and control hearings and to decide appeal cases.

c. Claimant - The SNAP household that files an appeal about an aspect of its entitlement to SNAP benefits.

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